beta
(영문) 인천지방법원 부천지원 2017.04.27 2016가단114509

배당이의

Text

1. A distribution table prepared by the above court on September 30, 2016 with respect to the auction case of real estate deposit C with the Incheon District Court Branch Division C.

Reasons

1. Basic facts

A. On April 2, 2012, the NongHyup Co., Ltd. created the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of 840,000,000,000 and the debtor D with respect to the real estate indicated in the attached Table (hereinafter “instant real estate”). On April 22, 2015, on the basis of the instant right to collateral security, filed an application for the auction of the right to collateral security (hereinafter “instant auction procedure”). On April 23, 2015, the said court commenced the auction procedure (hereinafter “instant auction procedure”) following the voluntary decision to commence auction on April 23, 2015.

B. On July 24, 2015, the instant right to collateral security and the secured claim were transferred from the Nonghyup Bank Co., Ltd. to the Ko Savings Bank, Inc., and on July 28, 2016, to the Plaintiff respectively.

C. On July 3, 2015, the Defendants concluded a lease agreement with each of the following, and filed a report on the right and demand for distribution in the instant auction procedure.

① On June 10, 2012: The lease deposit deposit amount of KRW 20,000 on June 10, 2012 to June 9, 2014: the lease deposit amount of KRW 20,000 on June 10, 2012: the lease deposit amount of KRW 20,000 on June 10, 201: the transfer date of resident registration on June 7, 2012: the lease deposit amount of KRW 10,000 on June 7, 2012: the transfer date of resident registration on June 7, 2012: the lease contract date of Defendant B: the lessor (owner): the lease deposit period of KRW 2: the lease deposit amount of KRW 20,00 on June 10, 2013; the lease date of KRW 13: the lease date of KRW 10,000 on June 13, 2013; the lease date of KRW 13: the lease date;

In the instant auction procedure, on September 30, 2016, the executing court distributed KRW 19,00,000 to the Defendants, who are the top priority lessee, and prepared a distribution schedule with the content that distributes KRW 703,629,849 (hereinafter “instant distribution schedule”) to the Plaintiff, the mortgagee, as the second priority lessee, and the Plaintiff’s distribution amount.